Bombay High Court
Anita Bhimrao Gawande vs The State Of Maharashtra And ... on 23 August, 2017
Bench: S.B. Shukre
J-fa997.17.odt 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL No.997 OF 2017
Anita Bhimrao Gawande,
Aged about 70 years,
Occupation : Agriculturist,
R/o. Mandwa, Tq. Digras,
District Yavatmal. : APPELLANT
...VERSUS...
1. The State of Maharashtra,
2. The Collector, Yavatmal.
3. The Special Land Acquisition Officer,
Benefitted Zone, Arunawati Project,
Digras, District Yavatmal. : RESPONDENTS
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Shri R.J. Shinde, Advocate for the Appellant.
Smt. M.S. Naik, Asstt. Government Pleader for the Respondents.
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CORAM : S.B. SHUKRE, J.
rd
DATE : 23
AUGUST, 2017.
ORAL JUDGMENT :
1. Heard Shri R.J. Shinde, learned counsel for the appellant and
Smt. M.S. Naik, learned A.G.P. for the respondents, who appears by
waiving notice on behalf of the respondents.
2. Admit.
3. There is no need to call for record and proceedings of the
J-fa997.17.odt 2/3
land acquisition case and the reference case as the issue involved in this
appeal is squarely covered by judgment of this Court rendered in First
Appeal No.871/2017, decided on 26 th July, 2017. The land of the
appellant, in the present case, bearing Survey No.8/1, admeasuring 5
hectare 80 R, situated at village Mandwa has been acquired for the
purposes of Arunawati Irrigation Project. The acquired land was fully
irrigated and the Reference Court by its judgment and order dated
21st March, 1991 determined the market value of the acquired land to be
at Rs.22,500/- per hectare. In First Appeal No.871/2017, this Court,
following the decision of this Court in Civil Application (F)
No.2830/2016 with First Appeal Stamp No.20562/2015, decided on
1st February, 2017, found that the rate of land from the area which is in
and around village Kalsa, District Yavatmal, which is irrigated, to be of
Rs.1,30,000/-.
4. There is no dispute about the fact that village Mandwa is just
adjacent to village Kalsa and, therefore, the land acquired in the instant
case has great similarity with the land involved in Civil Application (F)
No.2830/2016 with First Appeal Stamp No.20562/2015, decided on 1 st
February, 2017. Therefore, I am of the view that even for the land
acquired in the present case, same rate as determined by this Court in
the said appeals would have to be fixed for giving just and proper
compensation.
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5. In the circumstances, I find that the market value of the
acquired land in the instant case is of Rs.1,30,000/- per hectare, it being
irrigated and accordingly the compensation deserves to be given at this
rate to the appellant and it is so given.
6. The appellant would also be entitled to receive other benefits
regarding interest, solatium etc. at the same rates as given by the
Reference Court in its judgment and order dated 15.2.1992, however,
with the modification that interest granted by the Reference Court at 9%
p.a. on excess amount shall be for one year from the date of possession.
It is made clear that the appellants would not be entitled to receive
interest on the enhanced compensation, according to this order for the
period from 21.3.1991 till date. The appeal is allowed accordingly.
7. The impugned judgment and order stands modified in the
above terms.
8. If there is any deficit on account of payment of Court fees,
same be made over and paid within two weeks from the date of order.
No costs.
9. Appeal is disposed of.
JUDGE
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